Health Trending Topics

To help with your writing efforts, here’s what people are looking for in Health Law online. Trending topics culled from JD Supra, search analytics, social media conversations, and other sources:

Data-Sharing Trends and Risks in the Health Care Sector 

Consider writing about:

Legal trends involving data sharing by companies in the health care sector. What are patients’ or customers’ rights in this regard, and how can they best know how their information is being used or disseminated? What are companies’ legal obligations or best practices as regards the sharing of individuals’ health data? What lessons can be learned from any noteworthy lawsuits or enforcement actions over the sharing of health data?

Legal Questions Heat Up as Measles Cases See Increase 

Consider writing about:

Trends involving measles outbreaks (in the country or region of your choice or globally); factors that may be driving a surge in incidents of measles; public health laws pertaining to measles; trends involving the mandating and enforcement of vaccinations; related obligations and potential legal risks for employers, schools, medical providers, or other entities or individuals; vaccination exemptions of note; whether the United States is prepared to deal with a possible epidemic, given the leadership changes, mass layoffs, and other disruptions undertaken by the Trump administration and Elon Musk’s Department of Government Efficiency.

Related information:

https://www.cnn.com/2025/03/24/health/measles-outbreak-global-funding/index.html

https://www.texastribune.org/2025/03/21/texas-measles-vaccine-new-mexico-oklahoma-us

https://www.cbsnews.com/news/measles-outbreak-us-map

https://www.npr.org/2025/03/07/nx-s1-5320352/measles-rfk-west-texas-outbreak

https://www.npr.org/sections/shots-health-news/2025/02/17/nx-s1-5300052/federal-employees-layoffs-cdc-nih-fda

23andMe Files for Bankruptcy: What to Know 

Consider writing about:

The bankruptcy filing by biotech company 23andMe; what the DNA testing company’s Chapter 11 filing means for customers’ genetic data; what customers should know regarding their privacy rights or protections and regarding 23andMe’s data privacy obligations (and whether, and how, 23andMe customers should delete their data); on a related note, what a successor company should know about potential liability risks involving data collected by 23andMe.

Related information:

https://abcnews.go.com/Business/23andme-filed-bankruptcy-happen-users-genetic-data/story?id=120090459

Takeaways From $1.5M HIPAA Penalty Against Warby Parker 

Consider writing about:

A $1.5 million penalty imposed by the U.S. Department of Health and Human Services against eyewear company Warby Parker over alleged HIPAA violations; what to know about the data breach that led to the HHS penalty against the company; what this case illustrates regarding the reach of HIPAA obligations and the potential for monetary penalties; and perhaps a wider-angle look at cyberattack trends involving protected health information, whether involving “credential stuffing,” as in the Warby Parker case, or more generally speaking.

Related information:

https://www.hhs.gov/about/news/2025/02/20/hhs-imposes-1500000-penalty-against-warby-parker-hipaa-hacking.html

Merger Between Healthcare Staffing Companies Is Put on Hold 

Consider writing about:

The status of a merger between two of the largest healthcare staffing firms in the United States; what can trigger a Federal Trade Commission request for more information about a planned merger; how companies can anticipate and plan for this type of FTC action; related information about merger trends in the healthcare sector, and what the healthcare industry can reasonably expect from the FTC under the second Trump administration.

Related information:

https://healthexec.com/topics/healthcare-management/mergers-and-acquisitions/ftc-inquiry-pauses-615m-healthcare-staffing-merger

What’s Driving the Health Infrastructure Security and Accountability Act? 

Consider writing about:

The Health Infrastructure Security and Accountability Act; its intent, background, and status; potential compliance requirements and enforcement mechanisms; prospects for the legislation’s passage.

Related information:

https://www.congress.gov/bill/118th-congress/senate-bill/5218/actions

Washington Health Data Law to Get First Test 

Consider writing about:

The first lawsuit to be filed under a Washington state privacy law regarding health data; what’s noteworthy regarding this lawsuit, and what to watch for as the case proceeds; in what way the My Health My Data Act is a groundbreaking measure; whether other states have followed in Washington’s footsteps regarding the protection of health data, or are poised to do so.

Related information:

https://news.bloomberglaw.com/privacy-and-data-security/amazon-sued-in-washingtons-first-my-health-my-data-dispute

Will Executive Order on IVF Bear Fruit? 

Consider writing about:

An executive order signed by President Trump on Feb. 18 regarding in vitro fertilization. What does the executive order say, and what does it actually stand to accomplish (if anything)? What should IVF providers or their patients know about the executive order? How has access to IVF services trended ever since the U.S. Supreme Court struck down abortion rights, and individual states began banning, or restricting access to, reproductive health care services?

Related information:

https://apnews.com/article/trump-executive-order-musk-hannity-143316eda581ac466cd923cdf4568d87

What’s Next for Executive Order on Gender-Affirming Care? 

Consider writing about:

Noteworthy developments involving gender-affirming care for young people; intent of President Trump’s recent executive order targeting gender-affirming care and insurance coverage for such care; basis for the executive order; impact of federal judges’ response to the executive order; where the executive order stands now; what’s next in the national-level battle over transgender care; what health care providers, insurers, and individuals should be considering at this point.

Related information:

https://www.whitehouse.gov/presidential-actions/2025/01/protecting-children-from-chemical-and-surgical-mutilation

N.Y. Doctor Indicted by Louisiana Grand Jury Over Abortion Pills 

Consider writing about:

A Louisiana grand jury’s indictment of a New York doctor for allegedly prescribing abortion pills to a minor; basis for felony criminal charges against the physician and the patient’s mother; this case’s potential implications for physicians, patients, telehealth trends, and access to reproductive health care; what doctors, healthcare facilities, or physicians’ states of residence can do, or may already be doing, to provide them with legal protections amid evolving state restrictions on abortion.

Related information:

https://www.msnbc.com/top-stories/latest/louisiana-abortion-pill-new-york-criminal-charges-rcna190290

What’s the Prognosis for CFPB’s Medical Debt Rule? 

Consider writing about:

Wrangling over the Consumer Financial Protection Bureau’s medical debt rule; what the rule says and whom it affects; how the rule progressed under the Biden administration; status of lawsuits over the rule; what the second Trump administration’s appointments and related actions may mean for the medical debt rule’s enforcement and future prospects.

Related information:

https://www.newsweek.com/cfpb-halt-medical-debt-forgiveness-2025566

Are Collusion Claims Still an Issue for Insurers and Health Care Providers? 

Consider writing about:

Trends involving collusion claims against health care and/or insurance providers; types of company activities at issue; consumer lawsuits, regulator actions, or legislative responses of note; any additional, emerging, or accelerating drivers fueling these claims; how the Trump administration is likely to regard this issue.

Takeaways From DOJ’s False Claims Act Report 

Consider writing about:

The U.S. Department of Justice’s recently released False Claims Act report for fiscal year 2024; types of issues driving settlements and judgments for that period; how the totals and trends in the most recent DOJ report compare to those from previous years; practical implications for the business community regarding DOJ enforcement trends, related liability risks, and how to minimize legal fallout stemming from the False Claims Act.

Related information:

https://www.justice.gov/opa/pr/false-claims-act-settlements-and-judgments-exceed-29b-fiscal-year-2024

Is the Trump Administration Jeopardizing Public Health? 

Consider writing about:

Early actions by the Trump administration that stand to limit or otherwise affect staffing, international coordination, and public information regarding public health matters; precedent or authority for these actions; potential implications for handling of epidemics or future pandemics; additional health-related moves to watch for from the Trump administration in the weeks and months ahead.

Related information:

https://apnews.com/article/trump-health-communications-cdc-hhs-fda-1eeca64c1ccc324b31b779a86d3999a4

https://time.com/7207599/trump-bird-flu-pandemic-office

https://www.axios.com/2024/12/02/bird-flu-response-trump-h5n1

https://www.npr.org/sections/goats-and-soda/2025/01/22/g-s1-44066/trump-world-health-organization

Mental Health in the Workplace: What Employers Should Keep in Mind 

Consider writing about:

Noteworthy trends involving mental health as it pertains to the workplace; related issues involving any of the following: manager training, discrimination risks, disciplinary actions, paid or unpaid leave, employee assistance programs, workplace safety, instructive court cases, legislative measures, or regulatory actions, additional guidance or best practices for employers on mental health and wellness issues in the workplace.

What a New Calif. Law Means for Health Insurers’ Use of Artificial Intelligence 

Consider writing about:

A new California law that forbids the use of artificial intelligence to deny medically necessary health insurance claims; what to know about the insurance industry’s use of AI; how this state law could change industry practices; likely challenges in enforcing this law; related legal trends involving the determination of a “medically necessary” case and its handling by the health care or insurance sector.

Related information:

https://www.msn.com/en-us/technology/artificial-intelligence/it-is-now-illegal-to-use-ai-to-deny-a-medically-necessary-health-insurance-claim-in-california/ar-AA1x3bVB?

How COBRA Notices Can Create Legal Risks for Employers 

Consider writing about:

Potential liability risks that may arise for employers over COBRA notices; what employers should keep in mind regarding their obligations under the Consolidated Omnibus Budget Reconciliation Act; common COBRA-related misunderstandings, oversights, or other failings on the part of employers; instructive lawsuits or settlements involving deficient COBRA notices; recommended employer practices regarding the handling of insurance matters pertaining to terminated employees.

Health-Related Highlights From 2024 

Consider writing about:

Your choice of three or more noteworthy trends or developments from 2024 involving the health care sector, health law, or other health-related legal issues; heightened, emerging, surprising, or other interesting developments worth knowing about or keeping an eye on; reasons for your selections; implications and potential impacts as we head into 2025; and any related practical guidance.

Takeaways From Supreme Court Arguments Over Ban on Gender-Affirming Care 

Consider writing about:

Oral arguments held before the U.S. Supreme Court on Dec. 4 regarding a state ban on gender-affirming care for minors; type of care at issue; how Tennessee’s ban compares to other states’ bans or restrictions on gender-affirming care; your top takeaways from the oral arguments; a high court ruling’s potential implications for states, minors, parents, and medical professionals.

Related information:

https://www.npr.org/2024/12/04/nx-s1-5215734/supreme-court-gender-affirming-care-trans-kids

Implications for Insurance, Healthcare Industries of UnitedHealthcare CEO’s Killing 

Consider writing about:

The killing of UnitedHealthcare CEO Brian Thompson. Among the possible issues to explore: what should companies be addressing in the wake of his killing, especially as regards public perception of industry, reputation management, misinformation or disinformation on social media, executives’ personal safety, companies’ security measures or other obligations or best practices, and their related liability risks? How might the killing of Brian Thompson drive changes in the insurance or healthcare fields? How unusual is the terrorism charge being brought against suspect Luigi Mangione, what are the grounds on which that charge is being brought, and what will be the challenges for prosecutors in pursuing that charge? Also, consider whether to do a comparison between the United States and other countries as regards insurance industry trends (profits, coverage disputes, etc.), the cost of health care, and options and challenges for insureds or individuals seeking health care without adequate access to insurance coverage.

Related information:

https://apnews.com/article/unitedhealthcare-ceo-killing-luigi-mangione-fccc9e875e976b9901a122bc15669425

State Sick Leave Rights Expand to Cover Reproductive Loss 

Consider writing about:

The expansion of states’ sick leave laws to include reproductive loss events; range of events covered; how many states have now passed or implemented (or are considering) such leave rights; how the state laws compare to each other in terms of paid vs. unpaid leave, additional or existing time off, other criteria for qualifying for these leave rights; any additional noteworthy developments or trends on this front.

RFK Jr., Dr. Oz Tapped for Leadership Roles at HHS and CMS 

Consider writing about:

President-elect Donald Trump’s selections of Robert F. Kennedy Jr. and Dr. Mehmet Oz for key roles at the U.S. Department of Health and Human Services and the Centers for Medicare & Medicaid Services; potential implications for these entities’ direction, priorities, and enforcement; what health care providers, insurers, the drug and medical device industry, and others should know about these unconventional picks.

How Election Shake-Up Could Affect Affordable Care Act 

Consider writing about:

The outlook for the Affordable Care Act, given the results of this month’s national election; most likely changes in the near term, and whom they would most affect (whether regarding individuals or the insurance or health care sector); options for mitigating financial fallout from changes to, or expired provisions under, the Affordable Care Act; how much the GOP actually wants to change the Affordable Care Act; what the GOP has planned (if anything) to replace the Affordable Care Act.

Juries Side With Employees Over COVID Vaccine Mandates 

Consider writing about:

Recent jury verdicts involving employer-mandated COVID-19 vaccinations; noteworthy issues in these cases; what other employers can learn from recent developments involving vaccination disputes as they pertain to their own workplace health and safety policies and practices.

Related information:

https://www.newsweek.com/woman-fired-refusing-covid-vaccine-wins-record-millions-1983294

https://www.sfgate.com/bayarea/article/bart-employees-refused-covid-vaccine-get-payout-19861708.php

How Health-Related Ballot Measures Performed on Election Day 

Consider writing about:

Any significant health-related developments stemming from the November election, whether involving reproductive rights; access to abortion prescription drugs or medical treatment options; medical marijuana; psychedelic substances; and more.

Blue Cross Blue Shield Agrees to Pay More Than $2 Billion in Antitrust Case 

Consider writing about:

Blue Cross Blue Shield’s agreement to pay $2.8 billion to resolve antitrust claims against the insurer; key allegations leading up to the proposed settlement; how the company plans to change its claims process under the terms of the settlement; what else stands out to you about this settlement and the overall antitrust case.

Related information:

https://www.reuters.com/legal/blue-cross-blue-shield-agrees-pay-28-bln-settle-us-health-provider-class-action-2024-10-14

Insurers Sued Over Access to Mental Health Care 

Consider writing about:

A lawsuit filed against Anthem Blue Cross and Blue Shield over insurance coverage for mental health care; what to know about the No Surprises Act; any related legal, business, or legislative trends of note regarding insurance for mental health care, and overall access to mental health care.

Related information:

https://www.axios.com/2024/10/24/health-coverage-provider-ghost-networks

What’s Next for Proposed Merger Between UnitedHealth Group and Amedisys? 

Consider writing about:

The status of a proposed merger deal between UnitedHealth Group and Amedisys; significance of a merger of this magnitude; noteworthy issues that the two companies have had to contend with so far; related antitrust trends; how M&A activity in the insurance and/or healthcare sectors has been faring, either during 2024 in particular or under the Biden administration as a whole.

Related information:

https://www.fiercehealthcare.com/payers/unitedhealth-amedisys-meet-regulators-hopes-pushing-33b-merger-over-finish-line-report